Appeals Court Halts Riverside Ruling On Gay Troop Ban

SAN FRANCISCO (AP) — A federal appeals court on Monday indefinitely extended its freeze on a judge’s order halting enforcement of the military’s “don’t ask, don’t tell” policy.

A three-judge panel of the 9th U.S. Circuit Court of Appeals granted the U.S. government’s request for a stay while it challenges the trial court’s ruling that the ban on openly gay
service members is unconstitutional.

The same panel, composed of two judges appointed by President Ronald Reagan and one appointed by President Bill Clinton, on Oct. 20 imposed a temporary hold keeping “don’t ask, don’t tell” in place.

In an eight-page order, the judges said they were persuaded by the Department of Justice’s argument that U.S. District Court Judge Virginia Phillips’ worldwide injunction against the 1993 policy “will seriously disrupt ongoing and determined efforts by the Administration to devise an orderly change of policy.”

Monday’s decision means gay Americans who disclose their sexual orientations still can’t enlist in the armed forces and can be discharged.

It also heightens pressure on the Obama administration to persuade the U.S. Senate to repeal the 1993 law before a new Congress is sworn in.

The court ordered the government to submit its brief in its broader appeal by Jan. 24 and gave Log Cabin Republicans, a gay rights group that sued to overturn “don’t ask, don’t tell” in
Phillips’ court, until Feb. 22 to reply. It did not schedule oral arguments in the case.

(© Copyright 2010 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

  • melinda l

    I pray to Jesus that only good, Christian heterosexuals are permitted to bomb the heck out of other people.

  • Bill Jones

    I cannot quite tell if you are serious or not, but this is not a joking matter. Our nation was founded under christian ideals and we have strayed too far from them. George Washington fought for Jesus, not Liberace.

  • rick

    i dont get it why do people want to be someplace when most of the others around them would not want them there?? i wont say that a gay man cant serve next to me and be good at it they can do fine problem is the discomfort factor. we do not house our male and female soldiers in the same rooms or places for the very reason the girls would not feel comfortable with a man there in the next rack so why would a straight man or woman be comfortable with a gay person next to them

  • Gabriel Duchamp


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